Local Rules of Court
No. 430, the Certification Cover Sheet and the Urgent Notice shall be posted on the property along with the initial stay Order, if applicable, and served via mail if such service of the complaint is authorized by the court order authorizing alternate service. I. If the Certification Cover Sheet indicates that the residential foreclosure action is not eligible for the Foreclosure Diversion Program, the Court may choose to enter the case marked ineligible into the diversion program at its discretion notwithstanding Plainti’f's determination of eligibility. If the Court does not enter a case deemed ineligible into the diversion program, the remaining procedures in this Rule shall not be applicable, and the plaintiff may proceed as per the Pennsylvania Rules of Civil Procedure without any further requirement to attend conciliation. If the defendant homeowner believes that the action is eligible for the Foreclosure Diversion Program, the defendant homeowner shall have 20 days after service of the complaint to file with the Court an “Objection to Plaintiff’s Certification Cover Sheet and Request for Stay,” in the form attached as Form “6.” The filing of the Objection shall result in a temporary stay of any further proceedings until further Order of Court. Within ten days of the filing of the defendant homeowners Objection, the Court shall, in consideration of both the plaintiff’s designation of ineligibility and the defendant homeowner’s Objection, issue an order ruling on the foreclosure action’s eligibility for the Foreclosure Diversion Program. Program, the issuance of the initial stay Order shall result in an automatic stay of any further proceedings and suspend pleading deadlines at the onset of the case to afford the parties an opportunity to participate in and complete the court-supervised conciliation process. No answer shall be required, no judgment in foreclosure may be entered by default or otherwise, and no sheriff’s sale may be scheduled or held prior to the completion of the conciliation process, unless the defendant homeowner files a Notice of Homeowner Nonparticipation, the Court shall issue an order canceling the conciliation conference, lifting the stay on the action, and directing the defendant homeowner to file an answer to the mortgage foreclosure complaint. eligible residential mortgage foreclosure complaint, the Court shall issue an initial stay order directing the defendant homeowner to participate in an intake process with the Court by phone, mail, email, or by other methods prescribed so that the defendant may be assigned to an approved HUD and PFHA housing counseling agency. The foreclosure services and the assistance of the housing counseling agency through this Program are FREE OF CHARGE to the defendant homeowner. Once the defendant homeowner completes the court intake process, the Court shall issue a Case Management and Scheduling Order which shall schedule a date for conciliation, direct the Defendant to promptly contact the assigned housing counseling agency for an intake appointment, and direct the Plaintiff to complete “Mortgage Information for Housing Counselor” with supporting documentation, attached as Form “5.” J. Automatic Stay : For actions deemed eligible for the Foreclosure Diversion K. Initial Stay Order : Upon the filing of a Foreclosure Diversion Program
L. Housing Counseling : The defendant homeowner is expected to participate in group and/or individual foreclosure counseling with the housing counseling
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